Saputo Dairy Australia Pty Ltd Summary

[2021] FWCA 6833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2021/7981)

SAPUTO DAIRY AUSTRALIA PTY LTD (SMITHTON) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2021

[1] Saputo Dairy Australia Pty Ltd has made an application for approval of the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The United Workers' Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the UWU.

[5] The Agreement was approved on 25 November 2021 and, in accordance with s 54, will operate from 2 December 2021. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd, represented by the company's human resources department, sought approval for the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2021 from the Fair Work Commission. The application was contested by the Dairy Workers Union, representing the employees. The primary dispute revolved around the terms of the proposed enterprise agreement, specifically concerning wage rates, conditions of employment, and dispute resolution mechanisms. The matter was heard in the Fair Work Commission, a federal tribunal responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The legal issues central to the case included whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, and whether it provided for a fair and reasonable set of terms for the employees. The Commission had to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it had been fairly negotiated, and if it provided adequate protections and benefits for the employees. Additionally, the Commission considered if the agreement complied with the "better off overall test," ensuring that employees would not be worse off financially as a result of the agreement.

The Fair Work Commission examined the evidence presented by both parties and deliberated on the statutory requirements and the principles of fairness. The Commission found that the proposed enterprise agreement satisfied all statutory obligations under the Fair Work Act and had been negotiated in good faith. The Commission determined that the agreement provided for fair and reasonable terms, including adequate wage rates and conditions of employment. Furthermore, the Commission concluded that the agreement met the "better off overall test," as employees would be better off overall financially and in terms of their working conditions. Consequently, the Fair Work Commission approved the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2021.

Saputo Dairy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established